Auto Smart Offer Terms and Conditions

Welcome to the autosmartoffer.com website (the “Website”) owned and operated by Auto Smart Deals, LLC d/b/a Auto Smart Offer Car Sales (“Auto Smart Offer”). These are the terms, covenants, conditions and provisions (the “Terms and Conditions”) upon which you may access and use this Website. You should carefully read these Terms and Conditions before using the Website.

Acceptance and Conduct

By accessing or using this Website and/or purchasing products and/or services from the Website, you accept these Terms and Conditions and agree to be legally bound by them and all applicable laws, rules, and regulations associated with your access or use of the Website. If you do not agree to be bound by these Terms and Conditions and/or the Privacy Policy, you are not authorized to access or use this Website.

You are authorized by Auto Smart Offer to access and use the information on this Website, solely for personal, non-commercial use provided that you are at least 18 years of age. The information and materials displayed on this Website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without Auto Smart Offer express prior written consent. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with this Website, and any reproduction or circumvention of the navigational structure or presentation of this Website or its content, is strictly prohibited. You agree not to use the Website, for any unlawful purpose.

In order to access certain features of this Website, you may be required to register. If you supply a telephone number in connection with use of the Website, you consent to receive calls or texts at that number, whether manually or automatically dialed, from Auto Smart Offer and/or from participating vendors. If you supply an email address in connection with the use of the Website, you consent to receive electronic communication from Auto Smart Offer, participating vendors or other third party vendors. You are responsible for maintaining the confidentiality of passwords and accounts and are fully responsible for all activities that occur under such password or account. You agree to immediately notify Auto Smart Offer in writing of any unauthorized use of the password or account or any other breach of security. You must log out from the account at the end of each session. Auto Smart Offer is not liable for any loss or damage arising from your failure to comply with these Terms and Conditions. You agree not to modify the Website or use modified versions of the Website (except if modified by Auto Smart Offer) including for the purpose of obtaining unauthorized access to the Website. You agree not to access the Website by any means other than through the interface that is provided by Auto Smart Offer for use in accessing the Website.

Website Content

Auto Smart Offer created this Website to be used by the general public and customers of Auto Smart Offer. The information provided on this Website is for general information only and is not intended to constitute an inducement, promise or contract of any kind to provide any type of product or service. Auto Smart Offer makes no representation that any or all of the products or services on this Website are appropriate or available for sale in any or all locations. The information contained on this Website does not obligate Auto Smart Offer to provide any specific product or service. Auto Smart Offer is strictly an e-commerce auto broker platform. Auto Smart Offer is not a seller, dealer, broker or agent for sellers or dealers, nor a provider of, or broker or agent for any products or services offered by third parties.

The information provided on this Website is provided by Auto Smart Offer as a convenience to you. Auto Smart Offer will use reasonable efforts to include accurate and up-to-date information. However, due to the nature of the Internet, Auto Smart Offer does not warrant and cannot guarantee the accuracy, availability, completeness or authenticity of the information contained on this Website, or its suitability for any purpose.

This Website may include technical inaccuracies or typographical errors. Auto Smart Offer will from time to time revise the information, products and services described on this Website, and reserves the right to make such changes to the Terms and Conditions and/or the Privacy Policy from time to time without notice to you. Any changes to the Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on this Website

Disclaimer of Warranties

THE USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK AND ANY MATERIALS DOWNLOADED, INFORMATION UPLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, AND THE PRODUCTS OR SERVICES PURCHASED ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR AND WAIVE ANY AND ALL CLAIMS WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIALS. AUTO SMART OFFER MAKES NO WARRANTY OR REPRESENTATION AS TO THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO AUTO SMART OFFER. THE MATERIALS, PRODUCTS, SERVICES, CONTENT AND INFORMATION ON THIS WEBSITE ARE PRESENTED WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND AND ARE PROVIDED ON AN ‘AS IS’ AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES OR OTHER INFORMATION PROVIDED.

AUTO SMART OFFER INTENDS FOR THE INFORMATION CONTAINED ON THIS WEBSITE TO BE ACCURATE AND RELIABLE. HOWEVER, ERRORS SOMETIMES OCCUR. THEREFORE, AUTO SMART OFFER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEBSITE OR THE INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN. ADDITIONALLY, AUTO SMART OFFER DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INLUDING REPRESENTATIONS, PROMISES OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY PRODUCT AND/OR SERVICE SOLD THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AUTO SMART OFFER OR THROUGH OR LINKED TO OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE IN CERTAIN CIRCUMSTANCES THE LIMITATION OF LIABILITY AND DISCLAIMERS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL AUTO SMART OFFER, AND ITS MEMBERS, AGENTS, EMPLOYEES AND AFFILIATED COMPANIES, AND THEIR RESPECTIVE MEMBERS, AGENTS OR EMPLOYEES, BE LIABLE FOR ANY DAMAGES OF ANY KIND CAUSED TO ANY PERSON AS A CONSEQUENCE OF THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLES, UNAVAILABILITY OF PRODUCTS OR SERVICES WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR BASED UPON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE, OR PERFORMANCE OF THIS WEBSITE, ANY THIRD PARTY WEBSITE, PRODUCT OR SERVICE LINKED TO OR FROM THIS WEBSITE, OR THE INFORMATION AND/OR PRODUCTS CONTAINED HEREIN. AUTO SMART OFFER WILL NOT BE RESPONSIBLE FOR ANY DETRIMENTAL RELIANCE THAT YOU MAY PLACE UPON THE WEBSITE OR ITS CONTENTS, OR THE PRODUCTS, OR SERVICES OFFERED ON THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEMDY FOR DISSASTISFACTION WITH ANY SERVICE, PRODUCT AND/OR THIS WEBSITE IS TO STOP USING THE WEBSITE.

Privacy

Auto Smart Offer is committed to respecting your privacy and protecting personally identifiable information. Upon your request, Auto Smart Offer may share the information you enter on this Website with participating dealers and/or vendors in order to provide you with the information requested, and with other related service providers. Account data and certain other information about you that you enter and/or Auto Smart Offer collects through your access and use of this Website are subject to the Privacy Policy. You understand that through the access and use of the Website, you consent to the collection and use (as set forth in the Privacy Policy) of this information. Please review the Privacy Policy for further information on Auto Smart Offer’ data collection and use practices

Indemnification

You agree to defend, indemnify and hold harmless Auto Smart Offer and its members, agents, employees and subsidiaries and affiliated companies and their respective members, agents and employees, from and against any and all third-party claims, liability, judgments, damages, losses, actions, demands, costs and expenses, including, but not limited to, reasonable attorneys’ fees, arising from your use of the Website, including any content you submit or otherwise make available, and/or the use and/or purchase of any products, membership or services, and/or your breach of these Terms and Conditions

User Submissions

As a user of the Website, you are responsible for your own communications and you are responsible for the consequences of any of your postings in the public areas of the Website. By submitting any material for posting on the Website, you automatically grant (or, if you are not the owner, you warrant that the owner of such material has expressly granted) Auto Smart Offer a royalty-free, perpetual, irrevocable, nonexclusive and fully sublicensable right to use, reproduce, modify, adapt, publish, translate and create derivative works from, distribute, perform, display and otherwise use and exploit such material (in whole or in part) worldwide and/or to incorporate it in other work in any form, media or technology now known or later developed.

While using the Website, you may not (i) post or transmit material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (ii) post or transmit material that reveals trade secrets or confidential information, unless you own them or have the permission of the owner; (iii) post or transmit material that violates or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) post or transmit material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; (v) post or transmit any sexually explicit images or other material; (vi) post or transmit advertisements or solicitations of business; (vii) post or transmit chain letters or pyramid schemes; (viii) impersonate another person or post or transmit information under a fictitious name; (ix) post or transmit material that contains a virus, corrupt file or other harmful component; or (x) intentionally or unintentionally violate or encourage or assist another to violate any applicable law or regulation.

Auto Smart Offer reserves the right for any reason to edit, refuse to post or remove without notice any materials posted by you, but has no obligation to delete material that you may find objectionable or offensive or that violates these terms. If you becomes aware of any material that violates these terms, you may write to Auto Smart Offer regarding such information. However, Auto Smart Offer does not guarantee that any action will be taken as a result of your contact. Auto Smart Offer reserves the right to expel you and to prevent further access to the Website for any reason, including violation of these terms or applicable law or for no reason at all.

Downtime and Service Suspensions

Your access to and use of the Website may be suspended for the duration of any anticipated, unanticipated, scheduled or unscheduled downtime, maintenance, system updates, malfunction, or other unavailability of any portion or all of the Website for any reason, including as a result of power outages, system failures or other interruptions.

Auto Smart Offer shall also be entitled, without any liability to you, to suspend access to any portion or all of the Website at any time, on a system-wide basis: (a) for scheduled downtime to permit Auto Smart Offer to conduct maintenance or make modifications to the Website; (b) in the event of a denial of service attack or other attack on the Website or other event that Auto Smart Offer determines, in Auto Smart Offer’ sole discretion, may create a risk to the Website if the Website is not suspended; or (c) in the event that Auto Smart Offer determines that the Website is prohibited by law, or Auto Smart Offer otherwise determines that it is necessary or prudent to do so for legal or regulatory reasons.

Termination

You agree that Auto Smart Offer reserves the right to terminate your access to any part of the Website or any use of the services provided by Auto Smart Offer on this Website, for any reason in Auto Smart Offer’ sole discretion, at any time, without notice. Auto Smart Offer also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website with or without notice. You acknowledge and agree that Auto Smart Offer shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.

Linked Websites

Links to other Internet or websites from this Website are included as a convenience for our visitors and in no way are meant to imply that Auto Smart Offer endorses, sponsors, promotes or is affiliated with the owners of or participants in those sites, or endorses any information contained on those sites, unless expressly stated. Auto Smart Offer does not guarantee the accuracy of any information on these other sites nor does it assume any liability for the content or presentation of linked sites.

Intellectual Property

The content on the Website, including, without limitation, the text, software, scripts, graphics, photos, sounds, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Auto Smart Offer, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Auto Smart Offer (and/or third party licensors) retains all proprietary rights to the materials, content, and products, including intellectual property rights associated therewith. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, removed, deleted, traded, modified, published, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of the respective owners. Auto Smart Offer reserves all rights not expressly granted in and to the Website and the content.

You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein. If you believe any trademarks, service marks, or logos used on this Website to be the property of someone else, please notify OOD Deals in writing.

Waiver

Failure to insist on strict performance of any of the provisions of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Auto Smart Offer of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Severability

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and the liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect

Entire Terms and Conditions/Reservation of Rights

These Terms and Conditions and the Privacy Policy, which is incorporated herein by reference, represent the entire Terms and Conditions between you and Auto Smart Offer with respect to use of, and material on or through, this Website and all products or services purchased on or through this Website, and supersede all prior communications and proposals, whether electronic, oral, or written between you and Auto Smart Offer with respect to this Website or products or services offered on the Website. Any rights not expressly granted herein are reserved. Any attempt to alter, supplement or amend these Terms and Conditions is null and void, unless otherwise agreed to in writing by you and Auto Smart Offer.

Governing Law

The applicable laws of the State of Maryland shall govern as to the interpretation, validity and effect of these Terms and Conditions and any use of the Website, without giving effect to any principles of conflicts law. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. You hereby consent and submit to the exclusive jurisdiction of the Circuit Court for Montgomery County, State of Maryland in any action or proceeding instituted under or related to these Terms and Conditions and/or your use of the Website. You waive any and all objections to the exercise of jurisdiction over you by such courts and venue in such courts.

For more information about these Terms and Conditions, please write to us at: